Bankruptcy

Where a bank has moved for nunc pro tunc relief from the automatic stay, the motion should be allowed in order so that a foreclosure sale of the debtor’s real property will not be a nullity. “On May 1, 2014, ...

Where a creditor’s complaint seeking to revoke a debtor’s discharge was dismissed, the creditor’s adversary complaint was sufficiently pleaded, so it should not have been dismissed. Appellate panel’s analysis “… Here, a fair reading of [Minor Adams] Hunnicutt’s complaint reveals ...

Where this court awarded the Chapter 7 trustee $13,921 under a promissory note executed by the defendants in favor of the debtors, judgment should, on reconsideration, be entered in favor of the defendants. “… The Trustee had sought $147,870 as ...

Where an attorney submitted “profoundly flawed” pleadings in two separate matters, a non-monetary sanction should be imposed. “On June 2, 2014, I issued the following order to show cause in this case: “David G. Baker is ordered to show cause ...

Just when it looked like an ugly bankruptcy dispute between a local bank and a Boston church was on the right track, things have taken a nasty turn. More than a year before a bankruptcy case was filed in Judge ...

Where the Chapter 7 trustee has objected to a debtor’s claim of a homestead exemption in the proceeds of a sale of the debtor’s former residence, the objection must be continued pending a final judgment in the debtor’s divorce proceeding. ...

Where (1) an appellant requested relief from the automatic stay so as to prosecute its suit against the appellee debtor in U.S. District Court for the Eastern District of Virginia and (2) a U.S. Bankruptcy Court judge denied the requested ...

Where a U.S. Bankruptcy Court judge dismissed a debtor’s Chapter 11 case, the judge erred in finding a material fault on the part of the debtor, so the dismissal order must be reversed. “[Debtor] EPR [Marine Welding Construction Services, Inc.] ...

Where a U.S. Bankruptcy Court judge ruled that a $40,000 debt owed to a credit union was nondischargeable, that ruling must be reversed despite the fact that the debtor submitted a loan application to the credit union that contained false ...

Where the Chapter 7 trustee has initiated an adversary proceeding to impose a constructive trust on Maine real property that is owned in the name of the debtor’s wife, the trustee has not overcome the legal presumption that the debtor ...